Learn about environmental protection laws for businesses. And what are the obligations of businesses to the environment?
In the context of the global climate change and resource degradation, the combination of economic development and environmental protection has become a priority orientation of countries. In Vietnam, the view of sustainable development associated with environmental protection is not only affirmed in the Party's guidelines but also clearly demonstrated in the legal system. In which, enterprises are the key force, contributing to realizing these commitments through responsible production and business activities. Compliance environmental protection laws for businesses not only a legal obligation, but also a vital factor in the integration process and improving competitiveness. Follow the article below of GREEN IN for more information on environmental protection laws!
1. Enterprises and the legal framework on environmental protection
Currently, the Vietnamese legal system has built a relatively complete legal corridor on environmental protection, with clear regulations in both content and form. Important documents directly regulating this field include the Constitution, the Law on Environmental Protection, administrative penalty decrees, along with specialized guidance documents. In addition, there are related laws such as the Land Law, Investment Law, Construction Law, Real Estate Business Law, Law on Environmental Resource Tax and Law on Forest Protection and Development, etc.
In Clause 1, Article 4 of the Law on Environmental Protection, the law clearly affirms: “Environmental protection is the responsibility and obligation of all agencies, organizations, households and individuals”. In the context of rapid economic growth, many factories, industrial parks and export processing zones are built across the country, the role of enterprises in this work becomes more and more essential. Promoting the pioneering role of enterprises is a strategic step to reduce the increasing pressure on the current living environment.
2. Environmental obligations for production, business and service establishments
According to Clause 1, Article 53 of the Law on Environmental Protection 2020, all production, business and service establishments must strictly perform the following environmental responsibilities:
- Collect and treat wastewater properly to avoid harming the surrounding environment.
- In case the facility is located in an industrial park, urban area or concentrated service cluster that already has a common wastewater treatment system, the unit must connect the wastewater to that system according to the instructions of the operating unit, except for cases exempted before January 1, 2020.
- For facilities discharging treated water into the rainwater drainage system in industrial parks, it is necessary to comply with the provisions in Point d, Clause 4, Article 51 and Point d, Clause 3, Article 52 of the Law on Environmental Protection 2020.
- Waste must be classified, stored, recycled or treated properly according to the law.
- Measures must be taken to control dust, exhaust fumes, odors and factors such as noise, light, and radiation to avoid affecting the surrounding environment.
- Enterprises must be fully equipped with means and human resources to prevent and handle environmental incidents.
- For the facilities listed in Point b, Clause 2, Article 111 and Clause 2, Article 112 of the Law on Environmental Protection 2020, it is necessary to have specialized environmental personnel with proper training, and at the same time build a management system according to TCVN ISO 14001 or international ISO 14001.
- Enterprises need to conduct periodic environmental monitoring to monitor the quality of wastewater, dust, and emissions according to regulations.
3. Benefits when businesses comply with environmental protection laws
Seriously implementing environmental protection requirements not only helps businesses fulfill their legal obligations, but also brings a series of practical values:
- Firstly, environmental action helps businesses build a positive image in the eyes of customers, society and partners. As consumers increasingly care about environmentally friendly products, businesses with green commitments will gain trust and increase competitiveness in the market.
- Second, investing in clean technology and resource-efficient manufacturing processes will help businesses reduce operating costs in the long run. While the initial costs may be high, the savings in energy, materials, troubleshooting costs and regulatory compliance will significantly offset this.
- Third, businesses that comply with legal regulations will limit the risk of inspection, administrative sanctions or even criminal prosecution. According to Decree 155/2016/ND-CP, fines for violations can range from tens of millions to billions of dong. Many businesses have suffered serious losses due to environmental violations being discovered, not only financially but also in reputation.
- Fourth, as the state and international organizations increasingly promote sustainable development criteria, businesses that comply with regulations will have more opportunities to access preferential policies, investment capital and international cooperation.
In addition, a green, clean, and safe working environment also contributes to improving the health of employees and increasing work efficiency. At the same time, it demonstrates the social responsibility of the enterprise in the eyes of the community and civilized consumer market.
4. Promote business participation in environmental protection
Although there have been many positive changes, in reality there are still many barriers that make it difficult for businesses to implement environmental protection:
Legal regulations related to the environment are still scattered in many documents such as the 2014 Law on Environmental Protection, the 2012 Law on Water Resources, the Law on Inspection, the Law on Environmental Protection Tax, and many circulars and decrees, making it difficult for businesses to apply them consistently.
Most businesses still lack dedicated environmental teams. Staff must take on multiple roles, while policies and regulations change frequently, making updating and enforcement difficult.
There is no clear financial support mechanism, while investment costs for environmental treatment systems are often very large, easily affecting the operating budget of businesses.
Faced with this situation, some practical solutions are needed to increase implementation efficiency:
- Businesses need to raise further awareness of the role of the environment in sustainable development, thereby proactively transforming their business models in a more environmentally friendly direction.
- It is necessary to improve support policies from the government and specialized agencies, including credit incentives, tax reductions or specialized training programs on environmental management for businesses.